The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-03-30
INTERSTATE COMMERCE.
AN OPINION BY JUDGE COOLEY.
One Case in Which Special Rates May
Be Allowed.
Ssrvies-A lcircuias From the Post
master General.

CHICAGO. March 29.-Judge Thomas
NJ. Cooley, of Michigan, departed for
Washington to-day to meet the other
Railroad Commissioners appointed under
the Interstate Commerce bilh Before
leaving he handed his resignation AS Re
ceiver of the Wabash Railroad To Judge
Gresham. In brief talk Judge Cooley
said the first questions the Commission
will take up for consideration will be re-
garding an application by the associated
roads Of Kentucky, Tennessee and Ala
bama to be allowed special rates on
through traffic on account of competi-
ton by the Ohio river and Mississippi
river lines. Judge Cooley says the Com
mission is authorized to grant special
rates in such cases. if it finds that water
competition materially affects the
through traffic of railroads.
WASHINGTON, March 29.-On the 2lst
instant. the POstmaster-General solicited
from the Attorney General an opinion
upon the question whether there be any
thing in the act of February 4th, 1887.
entitled An act to regulate commerce."
which prohibits the practice of receiving
passes by employees heretofore prevailing
in this department.; and if any particular
act prohibits the continuance by railroad
companies of the practice of transport
ing postal employees free of charge. as
heretofore, in what degree and with
what limitations. Upon receiving the
ha L..
master-General issued a circular ad-
dressed to Division Superintendents, In
spectors and other officials and employees
of the railway mail service. This circu-
lar embCdies the substance of both the
letter Of inquiry and the reply and is as
follows:
The attention of the Department has
been invited by officers of many rail-
road companies to the Interstate Com
merce Act, with the inquiry how far
those provisions which they have deemed
restrictive of free travel affect persons or
employees Of the postal service. The cor
respondence has almost universally con-
tanned expressions of willingness to con-
tinue the facilities heretofore afforded
unless such course he in contravention
of law. In order to reach a satisfactory
exposition of this point, the opinion of
the Attorney General was solicited. The
Attorney-Generars opinion. which has
been furnished to the press at length, is
that the Interstate Commerce Act does
not affect the postal service. but is i'm
regulation of commerce only, and he
concludes as follows:
''As the act does not include the mail
service in its provisions, none of the law
full, customary and necessary instrument
talities by which that service is conduct
ed are subjected to the law. Among
the customary and necessary instrnmen-
talities for the efficient, consistent and
successful conduct of the service of the
Post-office Department is that by which
it is authorized by law to send officers,
agents and clerks of the government to
take charge of, protect and distribute
mails and to search for and investigate
errors, frauds or crimes relating to them.
The persons thus employed, when in the
actual line of their duty, or when in pur-
suance thereof. going to or returning
from thier places of residence. while in
the performance of service, or to or
from their assigned line of duty, in the
ordinary and customary course of ser
vice. should be regarded as in the perfor-
nance of their official duty. and un-
affected by the provisions of the act"
This authoritative Interpretation re-
lieves all railroad companies engaged in
carrying mails from any risk of viola
ton of the statue by continuance of
the courteous methods of intercourse
and business heretofore prevailing be-
tween the department and the railroad
companies. 1t should perhaps be added,
by way Of information, tina: the trans
portatiOn given to inspectors upon the
Of the department and to
postal clerks in the line of their duty, is
not free travel, but by law and regula-
tions constitute part of the service paid
for in the mileage compensation to rail-
road carriers Inspectors and postal
clerks who may be required by any mail
to pay fare when travelling on
official duty will take receipt for the
same and report the facts to the depart
ment. that the amount may be deducted
from the carriers compensation according
to long established Uses.